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RPVCCA_CC_DM_2013_08_06_B_20130716_CC_MINS_DRAFTDraft City Council Minutes July 16, 2013 Page 1 of 12 DRAFT MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING JULY 16, 2013 The meeting was called to order at 6:00 P.M. by Mayor Brooks at Fred Hesse Community Park, 29301 Hawthorne Boulevard. RECESS TO CLOSED SESSION: At 6:00 P.M. the meeting was recessed into Closed Session, with all Council Members present. RECONVENE TO REGULAR SESSION FOR A STUDY SESSION: At 6:50 P.M., Mayor Brooks reconvened the meeting to Regular Session for a City Council Study Session. City Council roll call was answered as follows: PRESENT: Campbell, Duhovic, Knight, Misetich, and Mayor Brooks ABSENT: None Also present were Carolyn Lehr, City Manager; Carol Lynch, City Attorney; Dennis McLean, Director of Finance/Information Technology; Joel Rojas, Community Development Director; Les Jones, Interim Director of Public Works; Ron Dragoo, Senior Engineer; Nicole Jules, Senior Engineer; Andy Winje, Associate Engineer; Abigail Harwell, Assistant Planner; and, Carla Morreale, City Clerk. PUBLIC COMMENTS FOR ITEMS LISTED ON THE AGENDA FOR THE STUDY SESSION: None. DISCUSSION TOPICS: Review of Tentative Agendas in Light of City Council Goals, Including Questions of Staff Discussion ensued among Council Members, City Attorney Lynch, and staff regarding items on the upcoming Council Meeting agendas as listed on the Tentative Agendas. Councilman Misetich moved, seconded by Councilman Campbell, to approve the Tentative Agendas, as presented. B-1 Draft City Council Minutes July 16, 2013 Page 2 of 12 Without objection, Mayor Brooks so ordered. Future Agenda Items Proposed by Council Members to be Prioritized: None. RECESS AND RECONVENE: Mayor Brooks called a brief recess from 6:56 P.M. to 7:04 P.M. REGULAR SESSION: City Council roll call was answered as follows: PRESENT: Campbell, Duhovic, Knight, Misetich, and Mayor Brooks ABSENT: None Also present were Carolyn Lehr, City Manager; Carol Lynch, City Attorney; Dennis McLean, Director of Finance/Information Technology; Joel Rojas, Community Development Director; Les Jones, Interim Director of Public Works; Ron Dragoo, Senior Engineer; Nicole Jules, Senior Engineer; Andy Winje, Associate Engineer; Eduardo Schonborn, Senior Planner; Abigail Harwell, Assistant Planner; and, Carla Morreale, City Clerk. Also present were the following: Paul Tetreault, Planning Commissioner; Tim Weiner, Chair, Emergency Preparedness Committee; Lowell Wedemeyer, Chair, Storm Drain Oversight Committee; Elizabeth Sala, Vice Chair, Storm Drain Oversight Committee; and, Alan Braatvedt, San Ramon Canyon Project Construction Manager. FLAG SALUTE: The Flag Salute was led by Jarel Wheaton. MAYOR’S ANNOUNCEMENTS: Mayor Brooks announced the following: 1) The appointment of Jessie Zang, a teenage resident of Rancho Palos Verdes, who was named to the State Board of Education with full voting rights; 2) The receipt of a thank you letter from Board of Supervisor Knabe for the City’s support of continued Measure R funding for Metro projects in the South Bay, and a letter from the South Bay Cities Council of Governments to Board of Supervisor Antonovich thanking the Board of Supervisors for the protection of the Measure R funds; 3) A proposal by the City of Rolling Hills Estates regarding that City’s consideration of naming the street in front of the Original Red Onion to “Bart Earle Way” in recognition of the founder of the restaurant; 4) The receipt of a letter of thanks from B-2 Draft City Council Minutes July 16, 2013 Page 3 of 12 Michael Vanic and Louise Burke, recent recipients of the Recycler of the Month Drawing; and, 5) The receipt of a letter to the U.S. Environmental Protection Agency from Congresswoman Janice Hahn regarding the Rancho LPG tanks. Mayor Brooks extended thanks to author Allan Colman for his book titled “Lead Like a Boss” which he donated to each Council Member. RECYCLE DRAWING: Mayor Brooks announced Recyclers of the Month from the July 2, 2013 City Council meeting: Sarah Wang and Ernest Wade. She indicated that all winners receive a check for $250 representing a year of free refuse service and urged everyone to participate in the City’s Recycling Program. APPROVAL OF THE AGENDA: Councilwoman Brooks suggested that Item No. 4 (Dial-a-Ride) be moved up on the agenda before the Public Hearings, as it was to be a brief presentation. Councilman Knight moved, seconded by Mayor Pro Tem Duhovic, to approve the agenda, as amended. The motion passed on the following roll call vote: AYES: Campbell, Duhovic, Knight, Misetich, and Mayor Brooks NOES: None ABSENT: None PUBLIC COMMENTS: (Audience Comments regarding Items Not on the Agenda) Noel Weiss, stated that his goal was to obtain a resolution from the City to be sent to the City of Los Angeles and Port of Los Angeles requesting the passage of a risk management ordinance regarding the Rancho LPG tanks. Jarel Wheaton, Rancho Palos Verdes, stated that he had a concern regarding two newsletters he recently received from Council Members with contradictory information regarding the City’s crime statistics. He added that although he was concerned with the spike in crime statistics in the last quarter, he opined there should be more analysis and perspective regarding the issues and solutions. Minas Yerelian, Rancho Palos Verdes, stated that he had concerns regarding statements made regarding the pipe that was originally proposed to be used at the San Ramon Canyon Project, the contractor of the project, and staff. CITY MANAGER REPORT: B-3 Draft City Council Minutes July 16, 2013 Page 4 of 12 City Manager Lehr provided a recap report and PowerPoint presentation regarding the 4th of July Celebration, which additionally commemorated the celebration of the City’s 40th Anniversary. City Manager Lehr commented on the July 2, 2013 Council meeting which was devoted to answering questions and addressing issues regarding the San Ramon Canyon Project. She announced proposed measures to enhance staff effectiveness, as discussed with Mayor Pro Tem Duhovic, including the following: expansion of communication with Council regarding potential threats of litigation; the recent purchase of a new atomic time clock for bid openings in Public Works; development of a formal bid appeal procedure and amplification of the protest process; and, clarification of levels of authority regarding change orders. She noted that it was helpful having the key consultants of the project present at the July 2 nd meeting to answer questions. NEW BUSINESS: APPROVAL OF CONSENT CALENDAR: City Clerk Morreale reported that late correspondence was distributed prior to the meeting regarding Item D (Register of Demands) and Item F (Purchase of a 0.4396 Acre Portion of Land from Jeffery J. Richards and Sheri E. Richards, Trustees of the Richards Revocable Family Trust, to Allow for the Partial Filling and Maintenance of San Ramon Canyon as Part of the San Ramon Canyon Project); and there was one request to speak regarding Item G (Establish Parking Restrictions on Crenshaw Boulevard from Seacrest Drive to Burma Road). Councilman Misetich moved, seconded by Mayor Pro Tem Duhovic, to approve the Consent Calendar, with Item G removed from the Consent Calendar, to follow immediately after the approval of the Consent Calendar. The motion passed on the following roll call vote: AYES: Campbell, Duhovic, Knight, Misetich, and Mayor Brooks NOES: None ABSENT: None Motion to Waive Full Reading Adopted a motion to waive reading in full of all ordinances presented at this meeting with consent of the waiver of reading deemed to be given by all Council Members after the reading of the title. May 2013 Monthly Report of Cash Balances B-4 Draft City Council Minutes July 16, 2013 Page 5 of 12 Received and filed the May 2013 Monthly Report of Cash Balances for the City of Rancho Palos Verdes. Ac cept the Transfer of a 5.76 Acre Portion of Land from the Los Angeles County Owned Deane Dana Friendship Park to the City of Rancho Palos Verdes to Allow for Construction Activities Associated with the San Ramon Canyon Project (Supports 2013 City Council Goal No. 2: San Ramon Canyon Project) Authorized the Mayor and City Clerk to execute an agreement with the County of Los Angeles for the transfer of 5.76 acres of land from Deane Dana Friendship Park to the City of Rancho Palos Verdes for the purpose of filling a portion of the San Ramon Canyon for the San Ramon Canyon Stormwater Flood Reduction Project and authorized the City Manager and the City Clerk to execute the attached certificate of acceptance on behalf of the City. Register of Demands ADOPTED RESOLUTION NO. 2013-46, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING FUNDS FROM WHICH THE SAME ARE TO BE PAID. Authorize an Amendment to the Agreement between the City of Rancho Palos Verdes and Aegis, ITS Authorized the Mayor and City Clerk to execute the Third Amendment to the Agreement between the City of Rancho Palos Verdes and Aegis, ITS, formerly Econolite Traffic Engineering and Maintenance, Inc. allowing an extension to the term of the agreement to June 30, 2014. Purchase of a 0.4396 Acre Portion of Land from Jeffery J. Richards and Sheri E. Richards, Trustees of the Richards Revocable Family Trust, to Allow for the Partial Filling and Maintenance of San Ramon Canyon as Part of the San Ramon Canyon Project (Supports 2013 City Council Goal 2: San Ramon Canyon Project) Authorized the Mayor and City Clerk to execute an agreement with Jeffery J. Richards and Sheri E. Richards, Trustees of the Richards Revocable Family Trust, for the purchase of 0.4396 acres of land for the purpose of filling a portion of the San Ramon Canyon for the San Ramon Canyon Stormwater Flood Reduction Project. Establish Parking Restrictions on Crenshaw Boulevard from Seacrest Drive to Burma Road This item was removed from the Consent Calendar for separate consideration. B-5 Draft City Council Minutes July 16, 2013 Page 6 of 12 Award Contracts for Construction, Construction Management, Inspection, and Materials Testing Services for the FY2011-2012 Areas 3 and 5 Residential Streets Improvement Project – Phase II (Supports 2013 City Council Goal No. 4, Public Infrastructure – Citywide Street Maintenance) 1) Approved the construction plans and project specifications on file in the Public Works Department for the FY 2011-2012 Areas 3 and 5 Residential Streets Improvement Project - Phase II; 2) Awarded a construction contract to VSS International, Inc. in the amount of $1,200,000, and a professional services agreement for the construction management, inspection, and materials testing to Merit Civil Engineering, Inc. in the amount of $178,947, and authorized Staff to utilize an additional 10% ($137,895) for project contingency; and, 3) Authorized the Mayor and City Clerk to execute the agreements. # # # # # # ITEM REMOVED FROM THE CONSENT CALENDAR: Establish Parking Restrictions on Crenshaw Boulevard from Seacrest Drive to Burma Road Mayor Brooks suggested the speaker be heard prior to a staff report. Harvey A. Brown, President, Palos Verdes Park Place Homeowners Association (HOA), Rancho Palos Verdes, stated that his HOA was in favor of staff’s recommendation and thanked staff for an excellent job resolving this issue. Councilman Misetich moved, seconded by Councilman Knight, to approve the staff recommendation to: ADOPT RESOLUTION NO. 2013-47, A RESOLUTION OF THE CITY OF RANCHO PALOS VERDES, ESTABLISHING PARKING RESTRICTIONS ON CRENSHAW BOULEVARD EXTENSION FROM SEACREST DRIVE TO BURMA ROAD. The motion passed on the following roll call vote: AYES: Campbell, Duhovic, Knight, Misetich, and Mayor Brooks NOES: None ABSENT: None REGULAR BUSINESS: Palos Verdes Peninsula Transit Authority (PVPTA) Presentation regarding Dial-a- Ride Program City Clerk Morreale reported that there was one request to speak regarding this item. B-6 Draft City Council Minutes July 16, 2013 Page 7 of 12 Mayor Brooks introduced PVPTA Administrator Martin Gombert. Martin Gombert, Administrator, PVPTA, provided a brief report regarding the Dial-a- Ride Program and the proposed fee increase from $5.00 to $6.00 per ride effective January 1, 2014 to help defray the cost of the service. He noted that the PVPTA would hold a public hearing in September 2013 to discuss this proposed increase, and noted that the eligibility age for riders was increased in July 2013 from 60 to 62 years of age. Discussion ensued among Council Members, staff and Mr. Gombert. By acclamation, the report was received and filed. PUBLIC HEARINGS: Water Quality and Flood Protection Program – Annual User Fee Rate – FY13-14 (Supports 2013 City Council Goal for Public Infrastructure) City Clerk Morreale reported that notice of the public hearing was duly published, written protests included in late correspondence which was distributed prior to the meeting, and there were two requests to speak regarding this item. Mayor Brooks declared the public hearing open. Discussion ensued among Council Members and staff. Lowell Wedemeyer, Chair, Storm Drain Oversight Committee, Rancho Palos Verdes, reported that staff prepared a thorough staff report for the Storm Drain Oversight Committee. He suggested that the Council consider establishing a new committee to review and prioritize all Capital Improvement Projects for the City. He noted that the Storm Drain Fee only funds a small portion of the City’s urgent storm drain repair needs, with the General Fund providing the balance. Chair Wedemeyer reported that the Storm Drain Oversight Committee proposed that the City collect the maximum amount legally allowed to be collected ($96.27 per Equivalent Residential Units) based on the extent of the projects to be undertaken. He reported that Committee Member Johnson opined that the amount should be $94.39, based on the need for prioritization of the storm drain projects. Discussion continued among Council Members and staff. Elizabeth Sala, Vice Chair, Storm Drain Oversight Committee, Rancho Palos Verdes, stated that she was in support of the increase of the User Fee to support the City’s needed infrastructure improvements, as the needs far exceed the funds. She added that the income from the User Fee should be collected and used for the infrastructure as intended by the voters. B-7 Draft City Council Minutes July 16, 2013 Page 8 of 12 Councilman Knight moved, seconded by Councilman Misetich, to continue the public hearing to the August 6, 2013 City Council meeting. The motion passed on the following roll call vote: AYES: Campbell, Duhovic, Knight, Misetich, and Mayor Brooks NOES: None ABSENT: None RECESS AND RECONVENE: Mayor Brooks called a recess from 8:20 P.M. to 8:40 P.M. Adoption of Addendum No. 5 to a Negative Declaration for Ordinance No. 510 and Introduction of an Ordinance to Amend Rancho Palos Verdes Municipal Code Chapter 17.76.030 – Fences, Walls and Hedges (Case No. ZON2012-00346) City Clerk Morreale reported that notice of the public hearing was duly published, no written protests received and there were no requests to speak regarding this item. Mayor Brooks declared the public hearing open. Assistant Planner Harwell provided a summary report and PowerPoint presentation regarding this item. Community Development Director Rojas provided clarification regarding the proposed changes in the height of the fences, walls or hedges in the street side setback. Paul Tetreault, Planning Commissioner, stated that the Planning Commission agreed that there was a need for the Municipal Code clarification regarding fences, walls and hedges, but noted that there was concern regarding the cost of the permit application fee to erect a fence or wall or plant a hedge. Discussion ensued among Council Members, staff, City Attorney Lynch, and Planning Commissioner Tetreault. Mayor Brooks declared the public hearing closed. Councilman Misetich moved, seconded by Councilman Knight, to approve staff Alternative No. 1 to: 1) ADOPT RESOLUTION NO. 2013-48, ADOPTING ADDENDUM NO. 5 TO THE NEGATIVE DECLARATION FOR ORDINANCE NO. 510, FOR A CODE AMENDMENT TO REVISE CHAPTER 17.76.030 OF THE DEVELOPMENT CODE (FENCES, WALLS AND HEDGES); and INTRODUCE ORDINANCE NO. 546, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, ADOPTING AN ORDINANCE AMENDING RANCHO PALOS VERDES MUNICIPAL CODE SECTION B-8 Draft City Council Minutes July 16, 2013 Page 9 of 12 17.76.030(B)(1) TO REQUIRE THE APPROVAL OF A FENCE, WALL AND HEDGE PERMIT FOR ANY NEW FENCE WITHIN A REAR OR SIDE YARD SETBACK; AMENDING RANCHO PALOS VERDES MUNICIPAL CODE SECTION 17.76.030(C)(1)(B)(IV) TO CLARIFY THE EXISTING HEIGHT LIMITATIONS APPLICABLE TO COMBINATION WALLS/HEDGES; AND AMENDING RANCHO PALOS VERDES MUNICIPAL CODE SECTION 17.76.030(D)(1)(A) TO CLARIFY THAT A MINOR EXCEPTION PERMIT IS NOT REQUIRED FOR ANY FENCE HIGHER THAN FORTY-TWO INCHES UP TO SIX FEET WITHIN THE STREET-SIDE SETBACK (CASE NO. ZON2012-00346); and, 2) Direct Staff to bring back an updated fee schedule for adoption with a subsidized (lowered) $2,192 Fence, Wall and Hedge application fee. The motion passed on the following roll call vote: AYES: Campbell, Duhovic, Knight, Misetich, and Mayor Brooks NOES: None ABSENT: None REGULAR BUSINESS: (continued) Draft Western Avenue Corridor Vision Plan (Supports 2013 City Council Goal No. 7 – Western Avenue Corridor Issues) City Clerk Morreale reported that late correspondence was distributed prior to the meeting regarding this item. Community Development Director Rojas provided brief introductory remarks regarding the Draft Western Avenue Corridor Vision Plan and introduced Gaurav Srivastava of AECOM, the project consultant. Gaurav Srivastava, consultant, AECOM, provided a detailed report and PowerPoint presentation regarding the Draft Western Avenue Corridor Vision Plan. City Clerk Morreale reported that there was one request to speak regarding this item. Ken Dyda, Rancho Palos Verdes, stated that he had concerns regarding the proposed Ponte Vista project which will affect the flow of traffic along Western Avenue. Discussion ensued among Council Members, staff, and Mr. Srivastava. Council provided feedback to staff and the consultant regarding the Draft Western Avenue Corridor Vision Plan so that the Plan can be finalized and brought back to the City Council for approval at a subsequent meeting. B-9 Draft City Council Minutes July 16, 2013 Page 10 of 12 Mayor Pro Tem Duhovic moved, seconded by Councilman Misetich, to continue the meeting to 11:00 P.M. Without objection, Mayor Brooks so ordered. FY 13-14 Traffic Safety Committee and Emergency Preparedness Committee Work Plans City Clerk Morreale reported that there was one request to speak regarding this item. Timothy Weiner, Chair, Emergency Preparedness Committee (EPC), stated that he appreciated the City Council’s support, work of the Committee Members, and staff support of the EPC. He highlighted some of the future goals of the EPC, including the creation of a Rancho Palos Verdes specific website next year to provide residents with emergency preparedness information. He added that EPC Members are available to make presentations regarding emergency preparedness to community groups on request. Discussion ensued among Council Members and Chair Weiner. Mayor Pro Tem Duhovic moved, seconded by Councilman Misetich, to approve the staff recommendation to: Approve the FY13-14 Work Plans for the Traffic Safety Committee and the Emergency Preparedness Committee. Senior Engineer Jules reported that the Traffic Safety Committee Work Plan was in line with the City Council 2013 Goals and Priorities. Discussion continued among Council Members, staff and City Attorney Lynch. Councilman Knight moved an amendment to the motion, to add to the EPC Work Plan the organizing of a joint workshop with the EPC, representatives from the City Council, representatives from other Peninsula Cities, and representatives from the utility companies to discuss emergency planning on the Peninsula. By acclamation, the amendment to the motion was accepted. The motion, as amended, passed on the following roll call vote: AYES: Campbell, Duhovic, Knight, Misetich, and Mayor Brooks NOES: None ABSENT: None Value Engineered Contract Change Order Outlet Structure - San Ramon Project (Supports 2013 City Council Goal No. 2: San Ramon Canyon Project) B-10 Draft City Council Minutes July 16, 2013 Page 11 of 12 City Clerk Morreale reported that late correspondence was distributed prior to the meeting and there was one request to speak on the item. Senior Engineer Dragoo provided a brief staff report and PowerPoint presentation regarding this item. Councilman Campbell left the dais at 10:56 P.M. and returned to the dais at 10:59 P.M. Mayor Brooks moved, seconded by Mayor Pro Tem Duhovic, to continue the meeting to 11:20 P.M. Without objection, Mayor Brooks so ordered. Minas Yerelian, Rancho Palos Verdes, expressed his concern regarding a new change order for the San Ramon Canyon Project. Discussion ensued among Council Members, staff, and San Ramon Canyon Project Construction Manager Braatvedt. Mayor Pro Tem Duhovic moved, seconded by Councilman Knight, to adopt the staff recommendation to: Approve the revised design of the outlet structure and authorize the Interim Director of Public Works to execute Change Order Number 4 to the San Ramon Canyon Stormwater Flood Reduction Project with L.H. Woods and Sons, Inc. The motion passed on the following roll call vote: AYES: Campbell, Duhovic, Knight, Misetich, and Mayor Brooks NOES: None ABSENT: None FUTURE AGENDA ITEMS: The following items were raised by Council Members as future agenda items: Review relevant sections of the Municipal Code and discuss code enforcement of the time period trash receptacles may be placed at the curb (Brooks) Policy regarding use of the City Attorney’s time (Brooks) CITY COUNCIL ORAL REPORTS: Councilman Campbell stated that he would submit his report in writing. The remainder of the Council Members reported on their attendance at various organization and association meetings since the last City Council Oral Reports were provided on June 4, 2013. B-11 Draft City Council Minutes July 16, 2013 Page 12 of 12 CLOSED SESSION REPORT: City Attorney Lynch reported that with respect to the Conference with Labor Negotiators regarding the potential purchase of open space, the Council unanimously directed staff to pursue the acquisition of the parcels that were listed on the agenda, with all five Council Members participating and voting. ADJOURNMENT: At 11:30 P.M., Mayor Brooks adjourned the meeting. ___________________ Mayor Attest: ___________________ City Clerk W:\City Council Minutes\2013\20130716 CC MINS DRAFT.doc B-12